HomeMy WebLinkAbout2012-056 Jt Escrow-Easement-Quitclaim-Wild Creek AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT is executed by and among ESTELLE H.VOELLER("Voeller"),ROY
MARVIN,Trustee of the Malibar Group,LLC Retirement Plan(."Malibar"),and the CITY OF
ASHLAND,OREGON,a municipal corporation("City of Ashland'.
Recitals-
A. Voeller owns the real property described as Lot 3 of the Wild Creek Subdivision, a Planned
Community in the City of Ashland,Jackson County,Oregon(the"Voeller Property").
B. Malibar owns the real property described as Lot 4 of the Wild Creek Subdivision,a Planned
Community in the City of Ashland,Jackson County,Oregon(the"Malibar Property").
C. The City of Ashland is the approving authority for development applications in Ashland,
Oregon,and is authorized on behalf of the public to establish and terminate easements for the benefit of
the public.
D. The parties desire to enter into this Agreement to facilitate the development of the Malibar
Property and modification of easements located on the Voeller Property.
IT IS THEREFORE AGREED as follows:
1. Transaction. Voeller agrees to grant a pedestrian easement across her property as
detailed below provided Malibar provides the improvements described below and the City of Ashland
terminates its existing pedestrian easement across the Voeller Property. Malibar agrees to provide the
improvements to the Voeller Property provided Voeller executes the pedestrian easement described
below. The City of Ashland agrees to terminate the existing pedestrian easement provided Voeller
executes the replacement public easement and Malibar.provides said improvements.
2. Closing Date. The transactions contemplated by this Agreement shall be closed in
escrow with Phyllis Strosser at Ticor Title Insurance. Malibar shall pay all costs associated with the
escrow. The Closing Date shall be the date all of the conditions required herein have been met(the
"Closing Date").
3. Obligations of the Parties.
3.1 Oblieation of Voeller. As a condition of closing for the City of Ashland and
Malibar's benefit,Voeller agrees to execute and now deposit with the title company the Bicycle and
Pedestrian easement attached as Exhibit"i".
3.2 Obligation of City of Ashland. As a condition of closing for the benefit of Voeller
and Malibar,the City of Ashland agrees to execute and now deposit with the title company the Quitclaim
Deed and Termination of Easement attached as Exhibit"2".
1 -Agreement and Joint Escrow Instructions
3.3 Obligation of Malibar. As a condition of closing for the benefit of Voeller and the
City of Ashland,Malibar agrees to complete the following tasks prior to closing:
3.3.1 Finish the road bed at the west side of the Voeller Property with asphalt to
its west boundary. This paving shall occur in connection with the installation of the
infrastructure for Phase 1 of the Tolman Meadows Subdivision. Any damage to the roadway or
ancillary facilities shall be paid for by Malibar.
3.3.2 Install a concrete sidewalk along the boundary between Lots 2 and 3.
Both the paving and the sidewalk will meet City specifications. In addition,the sidewalk will be
engineered in such a manner as not to cause surface water to drain onto the Voeller Property.
Malibar shall obtain Voeller's approval of the plans for the sidewalk prior to commencement of
construction.
1
3.3.3 Arrange for the relocation of the Talent Irrigation District connection
serving Lot 3,as necessary,due to the foregoing improvements. This relocation shall meet all
the Talent Irrigation District specifications.
3.3.4 Ensure the construction of the sidewalk and roadway shall not impair
drainage capabilities of the existing surface drain on the west side of the Voeller Property. 'If
necessary,a second catch basin will be installed west of the sidewalk of sufficient size to handle
runoff from Lots 2 and 4.
4. Conditions of Closing. Each party's obligation under this Agreement is subject to the
satisfaction at or prior to closing of all the other parties'obligations under this Agreement. Without
limiting the generality of the foregoing,Voeller's obligations under this Agreement are contingent upon
the completion of the construction work performed by Malibar to Voeller's reasonable satisfaction.
S. Miscellaneous.
5.1 Binding Effect. This Agreement will be binding on and inure to the benefit of
the parties and their respective heirs,personal representatives,successors,and [permitted)assigns.
5.2 Counterparts. This Agreement may be executed in counterparts,each of which
will be considered an original and all of which together will constitute one and the same agreement.
5.3 Facsimile Si rpr atures. Facsimile.transmission of any signed original document,
and retransmission of any signed facsimile transmission,will be the same as delivery of an original. At
the request of any party, the parties will confirm facsimile transmitted signatures by signing an original
document.
5.4 Further Assurances. Each party agrees(a)to execute and deliver such other
documents and(b)to do and perform such other acts and things,as any other party may reasonably
request,to carry out the intent and accomplish the purposes of this Agreement.
5.5 Attorney Fees. If any arbitration,suit,or action is instituted to interpret or
enforce the provisions of this Agreement,to rescind this Agreement, or otherwise with respect to the
subject matter of this Agreement,the party prevailing on an issue will be entitled to recover with respect
2-Agreement and Joint Escrow Instructions
to such issue,in addition to costs,reasonable attorney fees incurred in the preparation,prosecution, or
defense of such arbitration, suit,or action as determined by the arbitrator or trial court,and if any appeal
is taken from such decision,reasonable attorney fees as determined on appeal.
5.6 Entire Agreement. This Agreement(including the documents and instruments referred to
in this Agreement)constitutes the entire agreement and understanding of the parties with respect to the
subject matter of this Agreement and supersedes all prior understandings and agreements,whether
written or oral,among the parties with respect such subject matter.
ESTELLE H.WELLER Date
"Voeller"
THE MALIBAHG PLO UP-EEC
r
B VIN Date
Tru ee of the Malibar Group,
LLC
CITY OF ASHLAND,a Municipal Corporation
By: DAVE KANNER Date
City Administrator
STATE OF OREGON )
) ss
County of Jackson )
On this U
day ofL_0+ ) , 2012,personally appeared the above-named Estelle H. Voeller
and acknowledged the foregoing instrument to be a voluntary act. Before me:
OFFICIAL SEAL
DAWN CALDWELL Notary Public for Oregon
NOTARY PUBLIC-OREGON
T }1 �p(�s A4GU&T 662014 My Commission Expires:
County of Jackson )
On this 5 day ofJw ,2012,personally appeazed the above-named Roy Marvin and
acknowledged the foregoing instrument to be a voluntary act. Before me;
�,CGL wyL!
Notary Public for Oregon
My Commission Expires:
3 -Agreement and Joint Escrow Instructions OFFICIAL SEAL
DAWN CALDWELL
NOTARY PUBLIC-OREGON
COAM
MY MMUL4 M
MM
EXPI EB UGUBT 2460587
8 520714
STATE OF OREGON )
ss
County of Jackson )
On this_day of 2012,personally appeared the above-named Dave Kanner,City
Administrator for the City of Ashland,Jackson County,Oregon,and acknowledged the foregoing
instrument to be a voluntary act and executed with authority of the City of Ashland. Before me:
Notary Public for Oregon
My Commission Expires:
DAVIS,HEAtw
&BRIDGES
A Ptdmio.W Ca jjon
615 EAST M N STREET
ASHLAND,OREGON 97520 -
Deed -4- (541)492-3111 FAX(&1)466-4455
waw.EaWdwernmm
ExHIBrr r .
PAGE OF
Easement
Estelle IL Weller,Grantor
3784 Coleman Creek Road
Medford, OR 97501
City of Ashland, Grantee
20 E. Main Street
Ashland,OR 97520
After Recording Return To;
Barbara Christensen,City Recorder
20 E. Main Street
Ashland,OR 97520
PERMANENT BICYCLE AND PEDESTRIAN EASEMENT
FOR CITY OF ASHLAND
1. Grant of Easement. The above named Grantor grants to the City of Ashland,
Oregon, "Grantee", a perpetual non-exclusive easement in gross to use, operate, inspect, repair,
maintain and remove and replace a public pedestrian and bicycle easement across, along and
upon the real property described below and further referred to in this easement agreement as the
"Easement Area". The Easement Area can be utilized for pedestrian and bicycle access only.
The Easement Area is located in Jackson County, Oregon and is described as:
The 25 foot wide mutual private access and public utility easement dedicated on the Plat
for Wildcreek Subdivision recorded April 19, 1996 in Volume 21 of the Plats at Page 18 of the
Records of Jackson County, Oregon, and depicted on the Wildcreek Subdivision Plat Map as
"Private Access Easement".
2. Non-Exclusive Use of the Easement. This easement is non-exclusive and Grantor
expressly reserves the right to use the Easement Area for all lawful purposes jointly and in
common with Grantee for the benefit of all or any portion of the Grantor's Property. In addition,
the owners of Lots 1 and 2 in the Wildcreek Subdivision have a pre-existing private access
easement, and such owners have a right to use the Easement Area for vehicular ingress and
egress as well as utility access in the Easement Area jointly and in common with Grantee.
3. Maintenance. The Easement shall be maintained by a Homeowners Association
to be established for the Tolman Meadows Subdivision or Planned Community. The owner of
Lot 4 of the Wildcreek Subdivision shall be responsible for establishing such Homeowners
Association and ensuring the assumption of maintenance obligations by that Association. The
parties to this Agreement agree that the maintenance of the Easement shall be governed by this
instrument in conjunction with the maintenance obligations contained within Instrument No. 96-
Revised 2/28/12
EXHIBff��
PAGE—.2—OF
12488, recorded in the Jackson County, Oregon Deed.Records. The Tolman Meadows
Association shall be responsible for the removal of obstructions along with any vegetation which
grows on the access way. It shall also be responsible for sealing cracks which may develop, to
keep the access way safe for pedestrians and bicycles, but any replacement of the pavement shall
be controlled by the terms of Instrument No. 96-12488, as well as the repair of damage caused
by an owner of Wildcreek Lots 1 —3 or their invitees and licensees.
4. Indemnification. Grantee, its successors, assigns, agents and invitees, shall
indemnify and hold Grantor, its successors, assigns, agents and invitees, harmless against any
claim for injury to person or property which occurs, or is alleged to have occurred, during the
course of a crossing of Grantor's land by any person, other than Grantor and grantor's successors
and assigns. This shall include any settlement, judgment and costs of defense, including legal
fees and disbursements.
5. Prior Encumbrances. This easement is granted subject to all prior easements or
encumbrances of record.
6. Easement Use by Public. The parties to this Agreement intend that the use by the
public of the Easement shall be for recreational, pedestrian and bicycle access and any such use
shall be construed in observance of the policies and activities contemplated under ORS 105.672-
700.
GRANTOR:
ESTELLE H..VOELLER Date
MALIBAR GROUP,LLC RETIREMENT PLAN;
OWNER OF LOT 4 OF
WILDCREEK SUBDIVISION:
ROY MARVIN,Trustee of the Malibar Date
Group, LLC Retirement Plan
GRANTEE:
CITY OF ASHLAND
By.
DAVE KANNER, City Administrator Date
Revised 2/28/12
PAGE 3 OF
STATE OF OREGON ) '
ss.
County of Jackson )
On this day of 2012, personally appeared the above-
named ESTELLE H. WELLER and acknowledged the foregoing Permanent Bicycle and
Pedestrian Easement to be her voluntary act and deed.
Before me:
Notary Public for Oregon
STATE OF OREGON j
ss.
County of Jackson }
On this day of 2012, personally appeared the above-
named ROY MARVIN, who being sworn, stated that he is a Trustee of the Malibar Group, LLC
Retirement Plan, an Oregon limited liability company, and that the foregoing instrument was
voluntarily signed on behalf of said limited liability company and by authority of its Operating
Agreement.
Before me:
Notary Public for Oregon
Revised 2/28/12
EXHIBIT
PAGE O
STATE OF OREGON )
ss.
County of Jackson )
On this_day of February,2012,personally appeared the above-named Dave Kanner,
City Administrator for the City of Ashland, and acknowledged the foregoing instrument to be a
Voluntary act.
Before me:
Notary Public for Oregon
Revised 2/28/12
EXHIBIT"2"
UNLESS A CHANGE IS REQUESTED,
ALL TAX STATEMENTS SHALL BE
SENT TO THE FOLLOWING ADDRESS:
No change
AFTER RECORDING,RETURN TO:
Timothy L.Jackle
Foster Denman,LLP
Post Office Box 1667
Medford,OR 97501
QUITCLAIM DEED AND TERMINATION OF EASEMENT
CITY OF ASHLAND, a municipal corporation of the State of Oregon, Grantor, releases and quitclaims to
ESTELLE H.VOELLER,Grantee, all right,title and interest in and to the real property located in Jackson County,Oregon,
and legally described as Lot 3,W ildcreek Subdivision,City of Ashland,County of Jackson and State or Oregon,for purposes
of extinguishing the easement delineated as a Pedestrian and Bicycle Easement on the W ildcreek Subdivision Plat recorded
April 19,1996 in Volume 21 of Plats at Page 18 of the Records of Jackson County,Oregon.
The true consideration for this conveyance is other value given,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER ORS 195-300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY
OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS
A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE
APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS
OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195336
AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007.
DATED this_day of 2011.
CITY OF ASHLAND,OREGON
an Oregon municipal corporation
By:
Its:
Exhibit"2"—Agreement and Joint Escrow Instructions
STATE OF OREGON )
)ss.
County of Jackson )
On this day of September, 2011, personally appeared the above-named
who being sworn, stated that he/she is the of the CITY OF
ASHLAND, a municipal corporation, and acknowledged the foregoing instrument to be his/her voluntary act and
deed,and executed the document on behalf of the CITY OF ASHLAND.
Before me:
Notary Public for Oregon
Exhibit"2"—Agreement and Joint Escrow Instructions
Jackson County Official Records 2012-031543
R-OCD
Cnt=1 MORGANSS 09/20/2012 10:24:55 AM
$10.00$10.00$5.00$11.00$15.00 Total:$54.00
$3.00
Grantor: 1
City of Ashland 01546817201200315430020028
20 E Main Street 1,Christine Walker,County Clerk nor Jackson County,Oregon,certlry
Ashland OR 97520
that the Instrument Iderthletl herein we.recorded rtletl In the Clark record..
Christine Walker-County Clerk
Grantee:
Malibar Group,LLC Retirement Plan
1405 Tolman Creek Road
Ashland OR 97520
When Recorded Mail To:
Jack Davis
515 E.Main Street
Ashland,OR 97520
(This Space for Recorder's Use)
OUITCLAIM DEED AND TERMINATION OF EASEMENT
City of Ashland,a municipal corporation,hereby releases and quitclaims to Malibar Group, LLC
Retirement Plan dated November 1,2003,Roy Marvin,Trustee, all right,title and interest of the undersigned,
if any, in and to that certain real property situated in Jackson County, State of Oregon, described as:
Lot 4, Wildereek Subdivision, City of Ashland, for purposes of extinguishing the easement delineated as a
Pedestrian and Bicycle Easement on the Wildcreek Subdivision Plat recorded April 19, 1996 in Volume 21
of Plats at Page 18 of the Records of Jackson County, Oregon.
The true and actual consideration for this transfer is other value given.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,
AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. TIES INSTRUMENT DOES
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT
OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED
IN ORS 92.010 OR 215.0101 TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS
DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
DAvis,HEARN,BRIDGES
&ANDERSON
A Professional Cwpwation
Quitclaim Deed and 515 FAST MAIN STREET
ASHLAND,OREGON 97520
Termination of Easement -1- (541)482-3111 FM(541)488-1455
.daNshamn.com
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO
11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009
DATED this day oL 491* 2012.
"PP CITY OF ASHLAND
By:
JOIVV STROMBERG,Mayor
STATE OF OREGON )
COUNTY OF JACKSON )
On this;z day of ,2012,personally appeared the above-named John Stromberg, Mayor,
and acknowledged the for oing instrument to be a voluntary act. Before me:
#:DIAOFFICIAL SEAL
R SHIPLEY
ARY PUBLIC-OREGON Notary Public for O ego'
MISSION NO. 454135 My Commission Expires:
NA
EXPIRES NOVEMBER 28,2014
DAvis,HEARN,BRIDGES
&ANDERSON
AI`wfmim lCapmalim
Quitclaim Deed and 515 EAST MAIN STREET
ASHLAND,OREGON 97520
Termination of Easement -2- (541)482.3111 FAX(541)4984455
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